08. Ordinance 1396 - Amends Admin Ordinance 1166 - Building Dept - 1st ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
REPORT TO: Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Ordinance 1396 Amending Ordinance 1166 Duties of the Community Development
Director and Fire Chief
MEETING DATE: August 20, 2001
BACKGROUND: The City ofKalispell's City Council and administration are guided by Ordinance 1166
which established an Administrative Code. During the July 16, 2001 Council workshop the Council directed
me to bring forward several amendments to the Administrative Code. The attached amendment alters the
duties of the Community Development Director and Fire Chief.
Article VII Appointed Officers
Section 2-51 Planning, Economic and Community Development Director
b. Direct the inspection ofbuddingsconstructedwithinthe City'sjurisdictiionalarea andadminister
enforcement of the Uniform Building Code, the Uniform Plumbing Code, the Uniform Mechanical
Code, the Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, and
the CABO One & Two Family Dwelling Code;
d. Supervise the administration of the City of Kalispell Zoning Ordinance;
The above listed duties were placed under the direction of the Fire Chief in 1999 and thus I would propose
moving Article VII, Section 2-51 b and d to Article VII, Section 248 Fire Chief. This adjustment in
responsibilities was done prior to hiring the current Community Development Director and is consistent with
the fact the Code enforcement is a public safety function which works directly with the Fire Marshall.
Page 1 of 2
Article V11 Appointed Officers
Section 2-51 Planning Economic and Community Development Director
e. Coordinate City activities involving planning including annexation and subdivisions;
f. Inform and advise the manager on provisions and changes in the Kalispell City -County Master
Plan.
These planning functions are performed by the Flathead Regional Development Office which in 1999 were
directed by myself to report directly to the City Manager rather than the Economic and Community
Development Director, Therefor, I would suggest simply eliminating this language from the ordinance.
The above listed changes to Section 2-51 would necessitate a change in title removing the reference to
Planning.
RECOMMENDATION: The City Council approve Ordinance 1396 on first reading.
FISCAL EFFECTS: No fiscal effect.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Chris A. Kukulski
City Manager
Report compiled August 14, 2001
Page 2 of 2
NO. 1396
AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL
MUNICIPAL CODE BY AMENDING ORDINANCE 1166, §§ 2-51 AND 2-48,
CHANGING THE TITLE OF THE PLANNING, ECONOMIC AND COMMUNITY
DEVELOPMENT DIRECTOR, REMOVING THE PLANNING AND MASTER PLAN
FUNCTIONS FROM THE DUTIES OF SAID DIRECTOR; AND REMOVING THE
BUILDING AND ZONING FUNCTIONS FROM THE DUTIES OF SAID DIRECTOR AND
ASSIGNING THEM TO THE FIRE CHIEF; AND AUTHORIZING THE CITY ATTORNEY
TO RECODIFY § 2-51 AND 2-48 IN ACCORDANCE WITH THIS ORDINANCE AND
DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. That Ordinance No. 1166, § 2-51(5 2-51,
Kalispell City Code) is hereby amended to read
as follows:
COMMUNITY DEVELOPMENT DIRECTOR
The Community Development Director
shall, subject to the charge and supervision of the Manager,
be responsible for the following:
A. Administer Urban Renewal Law: Administer and carry out
the policies established by the Council pursuant to the
urban renewal law;
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B. Direct Rehabilitation: Direct the City's efforts to
furnish assistance in the rehabilitation of private
dwellings within the City;
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C. Administer Grant Programs: Administer the City's
commercial loan and commercial rehabilitation grant
programs and be responsible for City oversight of tax
increment policy;
D. Other Directed Activities: Undertake such other and
further activity as may be directed by the Manager.
SECTION II. That Ordinance No. 1166, § 2-48 (§ 2-48,
Kalispell City Code) is hereby amended to read
as follows:
FIRE CHIEF
The Fire Chief shall, subject to the charge and direction of
the Manager:
A. Command, Control Department: Command and control all
persons connected with the Fire Department;
B. Responsible For Apparatus: Be responsible for the
engines, ambulances and other apparatus and property of
the City furnished to the Fire Department and see that
said equipment is ready at all time for use in
extinguishing fires and responding to emergencies;
C. Authority Over Organization, Discipline: Have full
authority over the Fire Department's organization,
government and discipline and may establish disciplinary
rules, subject to approval by the Council;
D. Examine Premises: Examine the premises and occupancies
listed in Montana Code Annotated title 50, chapter 61, of
the Uniform Fire Code for violations of law or
regulations and enter school buildings within the City
once every twelve (12) months and other premises subject
to law or regulation once every eighteen (18) months;
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E. Report To City Council: Report at least monthly to the
City Council on the activities of the Fire Department for
the preceding month;
F. Direct Building Inspection; Enforce Codes: Direct the
inspection of buildings constructed within the City's
jurisdictional area and administer enforcement of the
Uniform Building Code, the Uniform Plumbing Code, the
Uniform Mechanical Code, the Uniform Code for the
Abatement of Dangerous Buildings, the Uniform Housing
Code, and the CABO One and Two Family Dwelling Code;
G. Supervise Administration Of Zoning: Supervise the
administration of the Zoning Chapter;
H. Other Directed Activities: Undertake such other and
further activities as may be directed by the Manager.
SECTION III.
That the City Attorney is hereby authorized and directed to
recodify §§ 2-51 and 2-48, in accordance with this Ordinance.
SECTION IV.
This Ordinance shall take effect 30 days from and after its
passage by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS DAY OF , 2001.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
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